What was the outcome of Tenancy Tribunal case 5042714?

The tribunal order states: It is declared that the relationship between Min Deng as Trustee for the Jinniu

How much money was awarded in case 5042714?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5042714?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5042714?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11206304-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5042714?

The tribunal order states: It is declared that the relationship between Min Deng as Trustee for the Jinniu

How much money was awarded in case 5042714?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5042714?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5042714?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11206304-Tenancy_Tribunal_Order.pdf.

37D Forrest Hill Road, Milford, Auckland 0620 Tenancy Tribunal Case 5042714 — Rent arrears

Order

It is declared that the relationship between Min Deng as Trustee for the Jinniu Family Trust and Xidong Zheng is not one of landlord and tenant and is therefore not within the jurisdiction of the Tribunal.
The application is dismissed.

Reasons

Both parties attended the hearing. The landlord was represented by a Property Manager from Chnz Property Limited. The tenant had the assistance of a mandarin interpreter although the start of the hearing was delayed because the interpreter had not been arranged in advance.
The landlord applied for termination and rent arrears.
The issue for consideration is one of jurisdiction as it was not clear that this was a residential tenancy. Background
Min Deng and Xidong Zheng were married in September 1996 and divorced in June 2018. They remarried in February 2019 and divorced on 8 September 2022. There are two children of the marriage.
Thirty seven Forrest Hill Road was purchased in February 2018 (when the parties were married) and subdivided into four lots. All four subdivided lots were in the name of Min Deng until the parties signed a Separation, Maintenance and Relationship Property Agreement on 8 September 2022. The agreement records that Min Deng had sole ownership of all four lots (including the tenancy address).
On 8 September 2022 Min Deng set up the Jinniu Family Trustees Limited which at the date of hearing owned the tenancy address. The parties children are the final beneficiaries of the trust. Residential Tenancy
Xidong Zheng said that in 2022 he lived with Min Deng at a Milford address owned by her. In 2023 they lived in an Epsom address owned by Min Deng. In July 2023 Xidong Zheng came to live in the tenancy by agreement with Min Deng when he was removed from another of her homes by the Police as she had alleged family violence.
The landlord submits that the parties had a tenancy agreement which commenced on 1 September 2023 and was recorded on Weechat however the landlord’s copy of the agreement has been deleted. The landlord did not provide any other documentation is support of the existence of the tenancy agreement other than a record of payments made by the tenant to the landlord.
Xidong Zheng submits that there is no tenancy agreement and that he has never paid rent. He said that he paid $280.00 per week to Min Deng and this money was to cover his living expenses including water, power, telephone, food and for his English course. The landlord submitted a rent summary showing payments made by Xidong Zheng from 1 September 2023 until 26 July 2024. Xidong Zheng said that these payments were to Min Deng’s personal bank account, and he never paid the Property Management company.
While Xidong Zheng was living at this address Min Deng had made five payments (1/9/2023, 2/10/2023, 29/10/2023, 26/11/2023, 27/12/2023) of $3,000.00 to Xidong Zheng. The Property Manager said that this money was the landlord temporarily paying the tenant for some support. Conclusion
It is not clear from the evidence that the parties intended to create a legal relationship of landlord and tenant. Over a 26-year period the parties have been married twice, had two children and relocated from China to New Zealand. According to Xidong Zheng there were periods after divorce where the parties continued to live together.
While Xidong Zheng was living in the tenancy, he had paid Min Deng money which is considerably less than would be paid for rent for the premises and Xidong Zheng denies that it is rent. At the same time Min Deng has paid Xidong Zheng large sums of money for his support.
Due to the uncertainty that the parties intended to create a legal relationship where the ex-husband was a tenant and the ex-wife a landlord, I conclude that this is not a residential tenancy and therefore not within the jurisdiction of the Tribunal.

Order

It is declared that the relationship between Min Deng as Trustee for the Jinniu Family Trust and Xidong Zheng is not one of landlord and tenant and is therefore not within the jurisdiction of the Tribunal.
The application is dismissed.

Reasons

Both parties attended the hearing. The landlord was represented by a Property Manager from Chnz Property Limited. The tenant had the assistance of a mandarin interpreter although the start of the hearing was delayed because the interpreter had not been arranged in advance.
The landlord applied for termination and rent arrears.
The issue for consideration is one of jurisdiction as it was not clear that this was a residential tenancy. Background
Min Deng and Xidong Zheng were married in September 1996 and divorced in June 2018. They remarried in February 2019 and divorced on 8 September 2022. There are two children of the marriage.
Thirty seven Forrest Hill Road was purchased in February 2018 (when the parties were married) and subdivided into four lots. All four subdivided lots were in the name of Min Deng until the parties signed a Separation, Maintenance and Relationship Property Agreement on 8 September 2022. The agreement records that Min Deng had sole ownership of all four lots (including the tenancy address).
On 8 September 2022 Min Deng set up the Jinniu Family Trustees Limited which at the date of hearing owned the tenancy address. The parties children are the final beneficiaries of the trust. Residential Tenancy
Xidong Zheng said that in 2022 he lived with Min Deng at a Milford address owned by her. In 2023 they lived in an Epsom address owned by Min Deng. In July 2023 Xidong Zheng came to live in the tenancy by agreement with Min Deng when he was removed from another of her homes by the Police as she had alleged family violence.
The landlord submits that the parties had a tenancy agreement which commenced on 1 September 2023 and was recorded on Weechat however the landlord’s copy of the agreement has been deleted. The landlord did not provide any other documentation is support of the existence of the tenancy agreement other than a record of payments made by the tenant to the landlord.
Xidong Zheng submits that there is no tenancy agreement and that he has never paid rent. He said that he paid $280.00 per week to Min Deng and this money was to cover his living expenses including water, power, telephone, food and for his English course. The landlord submitted a rent summary showing payments made by Xidong Zheng from 1 September 2023 until 26 July 2024. Xidong Zheng said that these payments were to Min Deng’s personal bank account, and he never paid the Property Management company.
While Xidong Zheng was living at this address Min Deng had made five payments (1/9/2023, 2/10/2023, 29/10/2023, 26/11/2023, 27/12/2023) of $3,000.00 to Xidong Zheng. The Property Manager said that this money was the landlord temporarily paying the tenant for some support. Conclusion
It is not clear from the evidence that the parties intended to create a legal relationship of landlord and tenant. Over a 26-year period the parties have been married twice, had two children and relocated from China to New Zealand. According to Xidong Zheng there were periods after divorce where the parties continued to live together.
While Xidong Zheng was living in the tenancy, he had paid Min Deng money which is considerably less than would be paid for rent for the premises and Xidong Zheng denies that it is rent. At the same time Min Deng has paid Xidong Zheng large sums of money for his support.
Due to the uncertainty that the parties intended to create a legal relationship where the ex-husband was a tenant and the ex-wife a landlord, I conclude that this is not a residential tenancy and therefore not within the jurisdiction of the Tribunal.

Tenancy Tribunal case 5042714 — Rent arrears at 37D Forrest Hill Road, Milford, Auckland 0620

At a glance

Tenancy Tribunal case 5042714 — Rent arrears at 37D Forrest Hill Road, Milford, Auckland 0620

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions